Hamidullah (Guantanamo captive 1119)

Infobox WoT detainees
subject_name = Hamidullah

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image_size =
image_caption =
date_of_birth = Birth year and age|1963
place_of_birth = Kabul, Afghanistan
date_of_arrest =
place_of_arrest=
arresting_authority=
date_of_release =
place_of_release=
date_of_death =
place_of_death =
citizenship =
detained_at = Guantanamo
id_number = 1119
group =
alias = Qari Hamdullah
Hamid Allah Mowlowi Saedara Saed Abd Al Razak
charge = No charge, held in extrajudicial detention
penalty =
status =
csrt_summary =
csrt_transcript=
occupation =
spouse =
parents =
children =

Hamidullah is a citizen of Afghanistan, held in extrajudicial detention in the United States Guantanamo Bay Naval Base, in Cuba. [http://www.defenselink.mil/pubs/foi/detainees/detainee_list.pdf list of prisoners (.pdf)] , "US Department of Defense", April 20 2006] His Guantanamo Internee Security Number is 1119.
Joint Task Force Guantanamo counter-terrorism analysts estimate he was born in 1963, in Kabul, Afghanistan.

A senior Taliban leader, also named Hamidullah, surrendered on November 24 2001. [http://archives.cnn.com/2001/WORLD/asiapcf/central/11/24/ret.afghan.surrender/ Taliban in north surrender in droves] , "CNN", November 24 2001]

According to a widely republished Associated Press article: [http://www.thestate.com/mld/thestate/news/world/14106346.htm Sketches of Guantanamo detainees-Part I] , "Associated Press", March 15 2006]
* ...was accused of having ties to Hezb-e-Islami Gulbuddin
* ...claimed he had been imprisoned by the Taliban, and had escaped and had been living as a refugee in Pakistan.
*...blamed his capture on false denunciations prompted by his support for the return of former King Zahir Shah

Identity

Captive 1119 was identified inconsistently on official US Government documents.
* Captive 1119 was identified as Hamidullah Haji on the Summary of Evidence memo prepared for his Combatant Status Review Tribunal on 12 November 2004.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/publicly_filed_CSRT_records_4738-4817.pdf#29
title=Summary of Evidence for Combatant Status Review Tribunal -- Haji, Hamidullah
publisher=United States Department of Defense
author=OARDEC
date=2004-11-12
accessdate=2008-09-28
page=page 29
quote=]
* Captive 1119 was identified as Haji Hamidullah on the Summary of Evidence memo prepared for his first annual Administrative Review Board on 5 August 2005.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_000794-000894.pdf#85
title=Unclassified Summary of Evidence for Administrative Review Board in the case of Haji Hamidullah
pages=pages 85-86
publisher=United States Department of Defense
author=OARDEC
date=2005-08-05
accessdate=2008-09-28
quote= ]
* Captive 1119 was identified as Hamid Allah Mowlowi Saedara Saed Abd Al Razak on habeas corpus petition 05-cv-1691 from 2005.cite web
url=http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/153/0.pdf
title=Guantanamo Bay Detainee Litigation: Doc 153 -- Status Report
publisher=United States Department of Justice
author=Shayana D. Kadidal
date=July 18, 2008
accessdate=2008-09-28
quote=The above-captioned case was dismissed without prejudice on April 12, 2007, as a likely duplicate of petitioner Hamid Allah Mowlowi Saedara Saed Abd Al Razak, ISN 1119, who has a pending habeas corpus petition, 05-CV-1601. [http://www.webcitation.org/query?url=http%3A%2F%2Fdocs.justia.com%2Fcases%2Ffederal%2Fdistrict-courts%2Fdistrict-of-columbia%2Fdcdce%2F1%3A2008mc00442%2F131990%2F153%2F0.pdf&date=2008-09-28 mirror] ]
* Captive 1119 was identified as FNU Hamidullah on documents published in response to one of his habeas petitions on December 6 2006. cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/publicly_filed_CSRT_records_4738-4817.pdf#1
pages=pages 1-37
title=FNU Hamidullah v. George W. Bush
publisher=United States Department of Defense
date=2006-12-06
accessdate=2008-09-28]

Combatant Status Review Tribunal

] Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.cite web
url=http://www.defenselink.mil/transcripts/transcript.aspx?transcriptid=3902
title=Annual Administrative Review Boards for Enemy Combatants Held at Guantanamo Attributable to Senior Defense Officials
publisher=United States Department of Defense
date=March 6 2007
accessdate=2007-09-22] ]

Initially the Bush administration asserted that they could withhold all the protections of the Geneva Conventions to captives from the war on terror. This policy was challenged before the Judicial branch. Critics argued that the USA could not evade its obligation to conduct competent tribunals to determine whether captives are, or are not, entitled to the protections of prisoner of war status.

Subsequently the Department of Defense instituted the Combatant Status Review Tribunals. The Tribunals, however, were not authorized to determine whether the captives were "lawful combatants" -- rather they were merely empowered to make a recommendation as to whether the captive had previously been correctly determined to match the Bush administration's definition of an enemy combatant.

ummary of Evidence memo

A Summary of Evidence memo was prepared for Hamidullah HajiCombatant Status Review Tribunal on
12 November 2004.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/publicly_filed_CSRT_records_4738-4817.pdf#29
title=Summary of Evidence for Combatant Status Review Tribunal -- Haji, Hamidullah
publisher=United States Department of Defense
author=OARDEC
date=2004-11-12
accessdate=2008-09-28
page=page 29
quote=] The memo listed the following allegations::

Administrative Review Board hearings

Detainees who were determined to have been properly classified as "enemy combatants" were scheduled to have their dossier reviewed at annual Administrative Review Board hearings. The Administrative Review Boards weren't authorized to review whether a detainee qualified for POW status, and they weren't authorized to review whether a detainee should have been classified as an "enemy combatant".

They were authorized to consider whether a detainee should continue to be detained by the United States, because they continued to pose a threat -- or whether they could safely be repatriated to the custody of their home country, or whether they could be set free.

First annual Administrative Review Board hearning

A Summary of Evidence memo was prepared for Haji Hamidullah's first annual Administrative Review Board on 5 August 2005.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_000794-000894.pdf#85
title=Unclassified Summary of Evidence for Administrative Review Board in the case of Haji Hamidullah
pages=pages 85-86
publisher=United States Department of Defense
author=OARDEC
date=2005-08-05
accessdate=2008-09-28
quote= ] Thetwopage memo listed ten"primary factors favor [ing] continued detention" and one"primary factors favor [ing] release or transfer".

The following primary factors favor continued detention:

:

The following primary factors favor release or transfer:

:

Transcript

In September 2007 the Department of Defense published a sixteen page summarized transcript from the unclassified session of his second Administrative Review Board hearing.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Transcript_2801-2918.pdf#96
title=Summary of Administrative Review Proceedings for ISN 1119
pages=pages 96-111
publisher=United States Department of Defense
author=OARDEC
date=date redacted
accessdate=2008-09-28
quote= ]

Enemy Combatant election form

Hamidullah's Assisting Military Officer reported on the notes from the Enemy Combatant election form completed on April 4 2006.They met for sixty minutes for a pre-hearing interview.His Assisting Military Officer described him as "very cooperative and attentive" during the interview.

HIG identification

Hamidullah explained that for refugees in Pakistan to receive food aid they needed to have an ID card. Militia groups, like the HIG, issued ID cards. Possessing one of these cards did not imply membership in the militia. He estimated that more than two milliion refugees had been issued HIG ID cards.

References